This section covers statements the accused gives to the police during investigation.

It applies specifically to examination of the accused by a Magistrate or Court during an inquiry or trial, not to police interrogation.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 316

Record of examination of accused

(1) Whenever the accused is examined by any Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf.§

(2) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court.§

(3) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.§

(4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused: Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination.§

(5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.§

Why this exists

When a judge questions the accused directly, an accurate and verified record protects the accused's right against self-incrimination and their right to a fair trial by making sure their own words cannot be twisted or misquoted later. Carried forward from Section 281 of the old CrPC, BNSS added the 72-hour signature rule to accommodate examinations conducted through video links.

Common misconceptions

Myth: This section covers statements the accused gives to the police during investigation.
Fact: It applies specifically to examination of the accused by a Magistrate or Court during an inquiry or trial, not to police interrogation.